Economic Sanctions under International Law Unilateralism, Multilater

Since the Second World War, States have increasingly relied upon economic sanctions programs, in lieu of military action, to exert pressure and generally to fill the awkward gap between verbal denunciation and action. Whether or not sanctions are effectiv

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Ali Z. Marossi Marisa R. Bassett Editors

Economic Sanctions under International Law

Ali Z. Marossi · Marisa R. Bassett Editors

Economic Sanctions under International Law Unilateralism, Multilateralism, Legitimacy, and Consequences

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Editors Ali Z. Marossi Hague Centre for Law and Arbitration The Hague The Netherlands

Marisa R. Bassett The Hague The Netherlands

ISBN 978-94-6265-050-3 ISBN 978-94-6265-051-0  (eBook) DOI 10.1007/978-94-6265-051-0 Library of Congress Control Number: 2014957403 Published by t.m.c. asser press, The Hague, The ­Netherlands www.asserpress.nl Produced and distributed for t.m.c. asser press by Springer-Verlag Berlin Heidelberg © t.m.c. asser press and the author(s) 2015 No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Printed on acid-free paper Springer Science+Business Media B.V. Dordrecht is part of Springer Science+Business Media (www.springer.com)

Preface

At the time of this volume’s publication, further rounds of economic sanctions have been imposed against Russia in response to the situation in Ukraine. Economic sanctions against Iran have been heralded as a success for supposedly bringing the Iranian government to the nuclear roundtable. And the general appeal of economic sanctions has grown as major developed States are under domestic pressure to avoid military involvement in foreign disputes, while they remain under an expectation to prevent the spread of global conflicts. While the resort to economic sanctions in addressing foreign policy disputes has increased over years, and particularly since the end of the Cold War, it is now universally accepted that the imposition of economic sanctions, be they unior multilateral, have broad-ranging and often unintended effects on the targeted State’s civilian population. Equally, it is also without question that States do, and should, have the right to impose economic sanctions in circumstances where the targeted State is a threat to the sanctioning State’s security or to international peace and security. The increased use of sanctions in lieu of military measures has, and can, ensure that more peaceful efforts are taken to resolve international disputes before resorting to military means. But due to the dichotomy of realities between the need to impose economic sanctions and their harmful effects, it becomes all the more necessary that more discussions and efforts are had to ensure that economic